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                                                        2596
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO THE OPERATIONS OF CORRECTIONAL FACILITIES.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Various provisions of chapter 353, Hawaii
 
 2 Revised Statutes, authorize the governor and the director of
 
 3 public safety to act to reduce prison overcrowding.  Section
 
 4 16.3, Hawaii Revised Statutes, authorizes the governor to
 
 5 negotiate with an out-of-state jurisdiction to develop a Hawaii
 
 6 correctional facility in that other jurisdiction.  Sections 353-
 
 7 16.35 and 353-16.36, Hawaii Revised Statutes, authorize the
 
 8 governor to negotiate for the development of in-state
 
 9 correctional facilities and contract with private entities to
 
10 construct in-state correctional facilities which the State or a
 
11 private entity may own.  Section 353-16.2, Hawaii Revised
 
12 Statutes, authorizes the director of public safety to transfer
 
13 committed felons to out-of-state correctional institutions owned
 
14 and operated by another state, a political subdivision of another
 
15 state, or a private institution, and to reimburse the out-of-
 
16 state institution for the expenses incurred in housing a Hawaii
 
17 inmate.
 
18      Sections 353-16.2 clearly authorizes Hawaii inmates to be
 
19 housed in out-of-state facilities that are owned by other
 

 
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 1 governments or private entities, and managed, operated, or
 
 2 staffed by non-State of Hawaii personnel.  However, similar
 
 3 authorization has not been enacted to permit in-state, privately
 
 4 developed and owned correctional facilities to be managed,
 
 5 operated, or staffed by non-State of Hawaii personnel, and there
 
 6 is no present authority for the governor, director of public
 
 7 safety, or any other state official to contract with a private
 
 8 entity to manage, operate, or staff state-owned new or existing
 
 9 correctional facilities.
 
10      In Konno v. County of Hawaii, 85 Haw. 69 (1997), the Supreme
 
11 Court concluded that absent legislative authorization for non-
 
12 civil servants to perform services customarily and historically
 
13 performed by civil servants, such services must be performed by
 
14 civil servants.  The State's correctional facilities have been
 
15 staffed customarily and historically by employees of the State
 
16 who are civil servants.  If in-state correctional facilities,
 
17 particularly those developed by private entities to relieve
 
18 prison overcrowding, are to be staffed by persons other than
 
19 civil servants, express authority for implementing such a
 
20 staffing plan must be conferred by the Legislature.
 
21      Private developers are interested in and capable of both
 
22 constructing and operating in-state correctional facilities.
 
23 Those interested in operating our facilities are interested in
 

 
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 1 using those facilities for the delivery of quality rehabilitative
 
 2 programs.
 
 3      There are already precedents for the private sector to
 
 4 assist the State with its corrections-related responsibilities.
 
 5 Section 352-3, Hawaii Revised Statutes, authorizes the department
 
 6 of human services, to contract with private non-profit and profit
 
 7 agencies to provide residential youth facilities, to assist the
 
 8 department in providing for the incarceration, punishment, and
 
 9 institutional care and services to reintegrate juvenile law
 
10 violators into our communities and families.  Grants, subsidies,
 
11 and purchase of service contracts have been used to deliver
 
12 rehabilitative programs to adults and youths committed to the
 
13 State's youth and correctional facilities.
 
14      SECTION 2.  Chapter 353, Hawaii Revised Statutes, is amended
 
15 by adding a new section to be appropriately designated and to
 
16 read as follows:
 
17      "�353-  Contracting with private entities for the operation
 
18 and staffing of in-state correctional facilities.  The director
 
19 with the approval of the governor, may enter into contracts in
 
20 the name of the State, consistent with the provisions of chapter
 
21 103D or 103F, to obtain any and all services appropriate and
 
22 necessary to operate and staff in-state correctional facilities
 
23 developed and constructed pursuant to section 353-16.35 and 353-
 

 
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 1 16.36.  The contracts may be between the State and the private
 
 2 entity that develops or constructs the new in-state correctional
 
 3 facilities, or with any other qualified private entity."
 
 4      SECTION 3.  New statutory material is underscored.
 
 5      SECTION 4.  This Act shall take effect upon its approval.
 
 6 
 
 7                           INTRODUCED BY:  _______________________
 

 
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